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abhishek nagar (student)     07 September 2011

Creation of trust through power of attorney

The brief fact of the case are as under: (Re: Indian Trusts Act and Power of Attorney)

A person residing in India with two jointly owned properties with his brother, his brother has settled in abroad, the person has got Power of Attorney (General) specifically containing the word " Can Convert property" in one of its clause. The Person residing in India wants to Make a Trust and transfer both the properties to this trust. He wants that such trust shall consists both the brother as trustee.

My Question is that- Is he empowered to Make such conversion of Property & transfer it to such Trust through Power of attorney? whether he can create Trust on the Basis of Power of Attorney?

My request is to Please guide on the matter at the earliest, its an urgent one..



Learning

 2 Replies

jayant (legal)     08 September 2011

Yes he can creat the private trust on the baisis of Power of Attorney, but condition is that, this power of attorney will be registered one towards appropriate authority

abhishek nagar (student)     09 September 2011

DEAR SIR, I AM HIGHLY GRATEFUL TO YOU FOR YOUR KIND REPLY, PL GIVE SOME CASE LAWS OR SOME RELEVANT SECTIONS IF YOU HAVE, SO WE CAN FRAME THE CORRECT OPINION AND CONTEST IF REQUIRED. THE POWER OF ATTORNEY IS GENERAL IN NATURE BUT HAVE ALL THE AUTHORITY FOR THE ASSETS i.e. HE CAN CONVERT, SELL, MORTGAGE ETC.


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